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Legal Review by
Edited by
Updated by
Published on
July 3, 2023
July 5, 2023
Edited on
July 3, 2023
On 13 May 2023, a demolition drive carried out by the Public Works Department (PWD) near the Dhaula Kuan Flyover in New Delhi left hundreds of people homeless.
The PWD conducted the operation to remove illegal occupations and structures in the area. The houses were demolished in a three-hour operation that began at 6 am.
According to documents submitted by the PWD to the Delhi High Court, approximately 80 houses were identified for demolition, other estimates put this figure at 130-150. The residents, many of whom are daily wage workers, claim to have been residing in the area for the past 20 years and possess various forms of identification, such as Aadhaar cards, Voter IDs, electricity bills, to support their claims of residence.
According to residents, since 2022, PWD officials have been regularly visiting the area to verbally notify the residents regarding the identification of their colony for an upcoming demolition. However, the first official notice was only issued by PWD on 26 December 2022, instructing approximately 125 houses to vacate the land in 15 days.
In response, the protests were held following which residents approached various ministers and officials in the Delhi Government. Taking note of their protests, Delhi Deputy Chief Minister, Manish Sisodia intervened on January 9, 2023, and issued a directive to PWD to withdraw the demolition notice, citing the severe winter and inhumane conditions under which the residents were asked to vacate.
Simultaneously, a writ was filed in the Delhi High Court, seeking a stay on the demolitions. However, the court, which heard the matter on 13 January 2023, did not grant a stay but directed the PWD to stop the demolitions until temporary alternative accommodation was provided to the residents. The court also ordered the PWD to make these arrangements within three months, after which the residents would have to find their own accommodation.
Additionally, the court mandated that a five-day notice be given to the residents to facilitate the relocation of their belongings before commencing the demolitions. The court refused to intervene regarding the issue of rehabilitation, placing the burden on the residents to determine their eligibility with the Delhi Urban Shelter Improvement Board (DUSIB) based on the Rehabilitation and Relocation Policy of 2015.
In spite of Manish Sisodia's directive to retract the demolition notice, on 28 January 2023, the PWD issued a subsequent notice. This new notice mandated residents to evict their homes by February 3 and relocate to temporary shelters designated by DUSIB.
This led to nineteen families approaching the High Court separately to seek an injunction against the demolitions due to the ongoing school examinations of several children, which were scheduled until February 20, 2023. Consequently, the court granted a temporary stay until 21 February, which was later extended to 20 April.
The demolitions took place on 13 May 2023 without any prior warning or official notice, residents claimed.** **The arrival of the bulldozers early in the morning caught the residents off guard, and only a few families were able to salvage their belongings.
According to documents submitted by PWD in court, temporary arrangements had been made at a temporary shelter in Naraina, although some residents claimed that the police had informed them to move to temporary shelters near Dwarka at the time of demolition.
The demolitions in Dhaula Kuan form part of a series of ongoing demolitions occurring throughout Delhi, aimed at the beautification process preceding the G-20 summit. A day before the demolition, on 12 May 2023, the PWD closed the tender for the beautification of the area surrounding Dhaula Kuan and the route leading to the airport. The area where the demolished jhuggis were situated is also a part of the designated zones planned for beautification.
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Non-consultation with stakeholders
Non-rehabilitation of displaced people
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Delhi High Court
Case Number
W.P.(C) 412/2023
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Media-based activism/alternative media
Complaints/petitions/letters/memorandums to officials
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Public Works Department, Delhi Urban Shelter Improvement Board
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Mazdoor Awaas Sangharsh Committee
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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